International Criminal Court to Open Its First Investigation in DRC

New York — The International Criminal Court (ICC) is truly open for business now that its prosecutor has announced a full-scale investigation of gross human rights crimes in the Democratic Republic of the Congo (DRC). One hundred and thirty-nine states agreed to establish the Court in 1998 — as a permanent global institution to prosecute those responsible for genocide and other grave international crimes when individual governments are unable or unwilling to do so themselves.

"We hope that the ICC Prosecutor's announcement will not only begin a process of bringing justice for gross violations in the DRC but will also have a strong deterrent effect at this crucial moment in the country’s history," said Fiona McKay, Director of the International Justice Program at Human Rights First.

A transitional government was established in the DRC in 2003 in line with a peace accord aimed at ending over five years of conflict in which as many as 3.3 million people died. But the peace remains fragile and violence has continued to erupt sporadically. The U.N., the U.S. and others have repeatedly drawn attention to the urgent need to respond to gross violations in the DRC in order to put an end to the climate in impunity that is hindering the country’s return to peace.

Amigo Ngonde, president of the African Association for the Defence of Human Rights, ASADHO, one of the oldest and largest human rights organizations in the DRC, welcomed the Prosecutor’s announcement. Currently in the United States to accept the prestigious Baldwin Award on behalf of ASADHO, Ngonde stated: “This is a great day for us because it marks the start of action against impunity in our country. ASADHO is happy about the Prosecutor's announcement because we have been demanding inquiries into crimes committed on Congolese soil during the last several years."

The ICC Prosecutor is mandated by the Rome Statute — the treaty establishing the ICC — to investigate and prosecute large-scale human rights crimes reported to him or formally referred by states or by the U.N. Security Council. The DRC is party to the treaty and in April 2004 President Joseph Kabila formally asked the Prosecutor to look into possible crimes falling within the ICC’s mandate in the country. The government has pledged to cooperate with the Court.

"The Court is doing exactly what it was set up to do: step by step, according to its mandate under the Statute," said McKay.

In making his announcement, Chief Prosecutor Luis Moreno Ocampo signaled his satisfaction that basic conditions are fulfilled for his office to open a full-scale investigation. Teams of investigators will now look into atrocities in the country.

Challenges that now lie ahead for the Court as it embarks on the investigation include tracking down evidence, protecting victims and witnesses, identifying the individuals most responsible on all sides — regardless of official position — and apprehending them. Human Rights First calls on all states to cooperate fully with the ICC in the investigations that are about to begin.

The ICC will only be able to try the most serious of crimes: genocide, crimes against humanity, and war crimes. Abuses documented in the DRC that would appear to fall within the definitions of those crimes include conscripting or enlisting children under 15 into armed forces or groups, and other widespread and systematic violations against civilians including killing, torture and sexual slavery. The ICC has jurisdiction over genocide, crimes against humanity, and war crimes committed since July 1, 2002.

After the DRC’s referral in April 2004, the Prosecutor carried out an initial analysis in order to decide whether or not there were grounds to start a full investigation. In his press release of today, he announced that his decision to open an investigation was taken after thorough consideration of the jurisdiction and admissibility requirements of the Rome Statute.

Next, the Prosecutor must establish what crimes were committed and make out charges against those with greatest responsibility. Before any specific prosecutions proceed, the ICC judges will need to be satisfied that they could not be tried in the local courts. This is because the ICC is not intended to replace national courts, but to step in only where they are unwilling or unable to act.

Read the ICC Press Release:
http://www.icc-cpi.int/newspoint/pressreleases/26.html

Learn More About the ICC: http://www.humanrightsfirst.org/international_justice/icc/icc.htm

Learn More About the Conflict in the DRC: http://www.humanrightsfirst.org/international_justice/regions/drc/drc.htm

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